The Sun. — London, England, 1810-12-10 00:00:00

OLD BAILEY. FOURTH DAY.-SATLYRDAY, DEC. 8. Henry Carpenter, William Noyes, and Charles Cooper, were indicted for Steali , g a diamond ring, a pearl ring, a pair of gold bracelets, an opal snap set will pearls, a ruby snap, a gold ring, a gold ,chain, and a variety of other article's of jewellery, several eairs of - gloves, &c. the property of Tho , mas Bruce, Earl of Aylesbury, in his dwelling house. There was a second count, charging- the prisoners with having stolen two silver tea-spoons, and a silver - . sugar-tongs, the property of Sarah Knapp, in the said dwelling-houie. It appeared from the evidence of Sarah Knapp, waiting-woman to Lady Aylesbury, that ihe family left, their toWn-house, in Seytnour-place, Mayfair, and went to the country on the 14th of June; pre vious to their departure, the witness locked up the articles stated in - the indictment in a chest of drawers —the keys of the drawers were also locked . Up, and left in town. .The family returned on the 14th of • 9dober ; the witness on the following day had oc casion to go to ttie drawers, but found it impossible. to unlock them; a smith was sent for, who opened them; the property was not missed until the Satur day following, . Mr. Townsend the officer was then sent for, who inspetied the premises. Townsend stated, that in consequence of What he, had observed on examining the drawers, lie was convinced the robbery must have been committed by some person or persons who had access to the house ; and understanding, that Mi. Lisle, the up bolsterer, of New Bond-street, had sent some work men into the house to repair the furniture, at his request Mr. Lisle attended with his two appren tices, Cooper and ' Noyes,- who, with Carpenter, a journeyman, had been employed in the repair of the furniture : Carpenter also. was sent for. The witness then - went,' to the lodgings 41 the prisoner Carpenter,. aceornpanieo by Mr. Lisle and • Mrs. Knapp, who, in the course of their,search, identi 7 tied two chemises, the property of Lady Aylesbury,. which had been taken from the drawers : they also found a number of new gloves, a great quan tity of pawnbrokers' duplicates, and a piece of poplin. Mr. Lisle stated, that, in June-last, be sent the prisoners. at'the bar to the house of Lord Ayles- , bury.. In consequence of- what he heard from William Noyes, When the boys were examined at Lord Aylesbury's, he was induced to search a chest of drawers in a room adjoining that in which the prisoner Noyes slept, in his house, where he found three pair of gloves. Carpeuter, the journeyman, had been. at work in the house for a day and a halt, when ire two boys were nor there. Noyes had been with him two years, and bore an excellent cha racier. Robert Sparrow, shopman to Mr. James Brooke, pawnbroker, of Paddington-street, produced a pearl ring which had been pawned by the prisoner Carpenter, on the 30th of June in the name of Wiliams--the counter-part of the duplicate was found in the prisoner's lodgings. Win. Moxon, shopman to Abraham Dry, pawn broker, of South -street, Manchester-square, pro duced a pair of silver sugar-tongs, which had been pawned the .13th of August, by a woman who stated herself to be Maria Carpenter. •, The counter-part of this duplicate was ionod in the prisoner's lodgings. James Ross, servant - to another pawnbroker, pro duced a piece of poplin about four yards, and two tea-spoons ; the first article had been pawned.on the Cf2d of June, and,the others on the 2d of August, by a woman, in the name of Mary. Ann Carpenter;. the counterpart of this duplicate was also produced. ,Mrs. Knapp could not positiVely identify atiy of the articles, except the two chemises, which bad been found in . the_ prisoner Carpenter's room : she kne,w • Ladyl Aylesbury had lost a pearl ring and a quantity of gloves, which were like those pro.' duced, but she could not take upon her to swear they were the same; neither could .she identity ; the sugar-tongs, tea 7 spi - ons, or the piece of poplin; the quantity of poplin missing was about 14 yards; she had lost teaspoons and a sugar tongs like those produced,. and the poplin was something of the sagie coldur. _ The Jury found the prisoner Carpenter guilty of stealing to the value of 395. and acquitted Cooper and Noyes. James Gill, George Cogdell, and Richard Norris, were indicled for feloniously assaulting William Weston, putting him,in fear of his life, and taking fiom his person, against his will, 16 dollars, 4 halt crown pieces, 1 old crown-piece, 256. in silver, a 11. Batik of England note, a letter, and a knife. The prosecutor, who is employed by a farmer of thename of. Payne, residing in the parish of Hen don, had sold a load of bay in Smithfield Market, on the morning of the.2eth of November, for which he received 71. in the monies recited in the tnept ; on his way hoine, about eight o'clock in the evening of the same day, ire was stopped near the .five niile stone on the-Edgware-road, by three ,mbn, me of whom advanced, and held something to his breast, which looked like a pistol, and demanded his.money,—the man who desired him to deliver he was positive -was. the prisoner Gill; another of the party, whom Weston could not identity, came from 'behind,the cart, and rifled his pockets; they then took him about '2OO .yards from his team, and left him. Wright, one of the horse patrole, belonging to Bow-street Office, in a short time atter the rob bery met four men on the road—they, did not walk legether—he bade them good night; but hearing thein whistle repeatedly, he suspeaed, they wiete oui for' no good purposes; he immediately rode after them, and apprehended the last of the party, a person of The name of Fordliam : while he was examining him, a man came-up and intortned him of the robbery. - Fordham stated, ,that be had been drinking At the Bells at Wikden-green, which Douse he tilted. The patrole left Fordham in cus tody at the :Crown public-house on the Edgware road, and went immediately to the Bells at \Yds den ; . he found that Fordham and the prisoners at . 'the bar bad' been drinking there . during .•the eventug. He then went• and apprehended Gill, Norris, and Cogdell, at their reSPeclive lodgings ; and in company with Vickers, another patrule, be took . them to the' Crown, where they found Mr. Launce, the inspeclor of the horse-patrote, Co whom Norris ex - pressed a uish to speak ; on being intro duce& to hien, he imMediately sated, that it Mr. Launce would accompany' him, or send an officer, he would discover the place where Cogdell had .hid the money. Mr. Launce and WriOlt- accordingly went with him to the girderl at the back of his own cottage, where he scratched the property out of a bank. " ['The Money was produced in Court, and'agreed exactly with what was stated in the tndittment— there was also a letter which the prosecutor Weston had written to his sister, and to which be particular ly swore.] When the parties were 'taken to , Bow-street the next day, Gill accused Norris with having been the ringleader, in which accusation Cogdell coincided. Norris recriminated, and . pointed Lout Gill as the most cnlpable person. None of them attempted to deny the robbery. Fordliam; against whom no thing appeared, had been liberated. A great num ber of persons came for ard to speak to the character of Cogdell ; some of them also deposed to the.general good chartter of the two other prisoners. They were all found guilty, but recommended to mercy on ac count of their youth, and no violence having been Committed. Joseph• Sexton was capitally convieted of burgla rionsly br . e.aliing and entering the dwelling house of Messrs. Lee antißrass-y, and stealing fit e pieces of camblets„ . value 101. their property; as was John Farley,. for stealing a leather•bed, bolster, and other articles, in the dwelling-house of John Adatn ,, son. • The following prison ers were found guilty of the - under-mentioned charges :—James flolt, for steal ing five knives, the property of Chalks C;ritlin, value 3gs. ; Jacob Johan, for stealing on ttrobrel!a, the property of W. J. Siggins; Fortestodo Junto, and Erbacisco Pertaru, Jur btealin a. watch, the proderty of George2vlurtil Five ; were acquitted. The trial of En,d,go Gusiavus Lowe, for forgerY,' was put of till next.Ses,tons, a principal witness for the prisoner being absent. MIDDLESi.:X SESSIONS. Ford was indiCted for an Assault on Mary M'Ardle, a child under seven years. of age, with an intent to violate her person. This was . a ,case attended with aggravating cirenuastances. The de fendant (a sturdy beggar,- 55 years of age) and the child were both inmates of Hesden parish workhouse,, near Hounslow, and front' the, testimony of the Child, which wa.i given in .a - clear and cf stinCt man ner, •it appeared that this hoary miscreant enticed tier into afield - at a distance from the house, and there attempted to accomplish his purpose, and af terwards threatened the.child, that it site dared to tell *my one what he had done, he would smother her. On the following - day, however, she' told an old man named Eden, also a paper in the hnuse,• how the prisoner had treated heriand - Eden inform ed the matron. .Upon which the defendant was taken before a Magistrate, when he.confesSed the truth of the charge. In his defence he said, the,cliild had behaved in an indecent manner in his presence ; be had no thing else to say, but left it to the Court to do as they pleased with hiM. The Chairman observed, that to admonish a sin ner so hardened in guilt as he appeared to be,: would be labour thrown away; punishment would probably have a better effect. The Court therefore sentenced him to be imprisoned in Newgate - for twelve calendar months. Patrick and Eleanor M'Coy, Michael Martin, Owen Bradley, Michael Moran, Michael Fitzgerald, Mary Cunningham, and Slaughter, were charged With a riot and assault upon Win. Roberts, and three other watchmen, on the 11th of No vember last. H Mr. GURNEY stated, that the defendants were eight out of 'sixteen persons against whom a bill had been found, for a most serious riot ; the other eight did not appear to take their - trials this Sessions.-- The defendants resided in a court, ctlled Lascelles court, St. Giles's. `On the'night mentioned in the indidment, a - chritening had taken place at one of the houses, and the company did not separate till twelve o'clock. Some of them determtned to visit a friend -who lodged in the court, at the house of a woman named Murphy. M'Coy and Slaughter ac-• cordingly stopt, and kneckedat her window, in quiring for her lodger. Mrs. Murphy asked what they wanted at that late hour; when one of them made a coarse reply; and Mrs. Murphy threw a wet cloth in M'Coy's face, who in return broke her windows, 'and some of the glass flying in ,her face, cut her in a dreadful manner. Mrs. Murphy cal led the watch, and Roberts, and the other three, came to her assistance, she having pointed - out M'Coy as the person who had assaulted her, they were proceeding to take him into custody, when several` who stood round, amongsr whom were the defendants, drawing out large .bkidgeons, which. they had concealed under their coats, attack e d the-- watchmen, who spri%ing their rattles for further assistance, a dreadful riot ensued, which lasted near an hour, during 'which W illiaut Oram, one of the patrole, received • a cut in the arm, and another on the head; Roberts, 'the watch-house-keeper, was shut into a room in one of the houses, where he was beaten in a most dreadful manner about 'the head and body,. and his nose was nearly severed from his face with a blow from a fire-shovel. The women took an alive part in beating him when on the floor. He was ultimately left for • dead, and in that situation discovered by his friends after the riot 'was-quelled. The fats were proved, and the Jury found all the defendants guilty, except` 0 well' Bradley. . Mr. PAT NE, Banker, of Bath, has obtained a pa tent for a new • m&shod of ascertaining, with accu racy and expedition', the numbers, dates, and sums, in Bank Bills, tic. and to prevent forgeries, defacing, and altering. • LONDON : Printed by RICHARD HARRI i, or No. 4, Martlett.court, Bow-street ; and Pcb ,ttie SuNsOmcir, No. jl2, Strand, %tete Averasements, Orders for I LAIL RAPORT. , COURT OF COMMON PLEAS, DEC. 6. SETTINGS BEFORE CHIEF JUSTICE MANSFILD. G. BIBBY V. SIR THOMAS TURTON, BART. I. A. BAN- NERMAN, ' AND JOHN GREEN, ESQRS. • The plaintiff, a silvetsmith, sought to recover 17001. of the Atlas Insurance Company, for the loss of his stock in trade by a fire, which happened on his premises, N 0.34, Norton &hole, Shordiich, at three o'clock in the morning on the 14th of July, 1809. The plaintiff insured with the defendants fig- 17001. and there was a proviso in the policy, that he should not have two insurances.—The plaintiff, hoWever, notwithstauding such agreement, afterwards insured at the Eagle Insurance Office for seven hundred pounds, Making the whole of his. insurance amount to 2401.—1 t did not appear that the Company had any desire to take advantage of this circumstance, but they met the-plaintiff's claim on its merits. The fire was supposed by the plaintiff to,have happened by a spark falling from a candle held by a servant .maid among some loose shavings placed under the shop counter. A watchman near the house first ob served a light at the corner of the window,shutter. He then gave arhalarm with his rattle. The plain tiff soon alto- looked out of a two-pair of stairs win dow. The watchman caked out—" This house is on fire." The plaintiff said—" What shall I do ; i s there any ladder ? I cannot coon: doWn." The watchman told him to make the best of his way out of the garret winaow, 'and_ the plaintiff, with his wife, child, and a servant, escaped, by following the wa:chtuan's advik e. The fire appeared to have taken, place two feat fr om th e ship door, 'in a corner be hind the counter. The keeper of the engine made his appearance soon atter the alarm, and the conSta7 - hie of the ni g h t a l so came, whit three or tour of the neighbours. It Was not ten minutes before the-en gine cauie. There were then eight or nine persons present, all oaspeatable neighbours. They surround ed th'e house, so as to prevent people from breaking into the premises, and it was not more than. hail-an hour before the fire was extinguished. No person got .n the ,house after the fire was extinguished, but one or two persons had thrown buckets of water in at t h e - door. In o rd er to extinguish the-fire, a pannel was broken in the door, and the engine began to play. The shutter was next broken, and a variety of small articles fell into the street, w Mali were taken by the constable of the night to the watch-house. It was proved that there was no fire at the back Fart of -the house. The.plaiutitf represented, under -t hese, cir cumstances, that his loss in gold rings, jewellery, plate, seals, watches, chains, and other valuables; was considerable. Part of the articles had been melted, some injured' by fusion, some,stolen by.de predators, and, its short„-that he had sustained a loss to the amount of-'his insurance. Two witnesses, proved that he had stock on his premises of the va lue of between one and two thousand pounds before the fire, and it' was staled, that invoices had been seen of the, goods, but none were produced at the trial. After the fire, the defendants offered the pro-;., perty saved to the plaintiW, but he refused to accept it, and sent a letter to the defendants in the .follow ing terms.—" It is my determination not to take possession of the property w hich you may have taken, you will, therefore, give orders to your men to. take care of it." It—Was alleged as the ground of the plaintiff's objection to take the property preserved, that it was in a damagedstate, and of little value: Mr. Serjeant LENS, in defence of the aation, con tended that it was impossible the plaintiff could carry his claim up to the amount. stated. If the rings, gold, and plate had been melted, some vestige would have been discovered. It was a true that, by breaking the shutter, several things fell into the , . street, but they were all carefully preserved in the watchhouse. The conduct of the plaintiff did not al low them to give him credit for the loss he had stated. The Learned Serjeant did. not wish the Jury . to carry their suspicious fOrther than the fair construction of the circumstance would allow. They would say whether this loss was likely to take place in the small shop of the plaintiff, and whether - the plaintiff was not called upon to make out, by lair. esidence, that he had a claim for 24001. when it was proved by his own witnesses that his stock only amounted to 2,0001. The Learned Serjeant then called a number of witnesses, who had been present at the fire. Several of them stated that it was not probable or possible any of the property could have been stolen. The tii.emen also stated, that they found the goods, consisting of trinkets and plated goods, in the show glasses, in the same state as they were the bight . before the fire. Asilversmith, who had been employed to value the plated and silver goods found on the premises, valued the whole, allowing for weight of silver and the retail price for- the plated goods at 451. A Jeweller,. who bad seen the articles of jewellery, stated thai they were of no value. He had not been able to put any value on them. They appeared to have been damaged, but when ,new they were worth more than 1301. or 1001. Serjeant SHEPHERD, in his reply to the Jury, maintained, that the loss on the part of the plaintiff was made out, if not to the full amount of his in surance, to a considerable portion of it. He-said an attempt had been made to- , charge the defendant with 'setting fire to his house, for the purpose of prattising a fraud on the Insurance Offica,, but-there could not be any reasonable ground for such a be 'lief. The situation of the plaintiff, with his wife and child, at the two pair of stairs window, with the fire below, entirely 'did away the imputation. Their lives were in danger, and if the plaintiff bad set fire to his house, the shop below was the last place he would have chosen to execute his purpose. _ On the whole, he contended that the insinuation was with out the least probability. Chief Justice MANSFIELD in an able and compre hensive charge to the Jury observed, that the cir cumstances of this case were of a most extraordi nary description. The plaintiff bad effeCted two policies for 24001. on stock; and 4001. more for furniture, without giving due notice 'to each office, - according to the conditions whereby the pa-- licies were void, and his demand on the Atlas Com- pony is for 17001. on stock and utensils, jewels e%'' cepted. The plaintiff. has to make out how the .fire happened., 10t .arose from his own oat, he cannotae` cover. If Irdm gross negligence he cannot ; but that it must be gross, This is not the case of afire occa ' slotted by a beam in a chimney, but nobody knokv. hoW it occurred, exc.-pt that, there were shavings ie the shop when the fire broke out. The titne of the fire is material. There is no doubt of the fire hav ing originated in lite shavings. The Maid-servant said she went to bed at ten o'clock, when her mas ter was out. She had a lamp (not'a candle): Wile titer lamps emit sparks is dountful; but of that the Jury will decide. The fire did not shew itself till past two in the' morning. Shavings, it' is well 'known, burn rapidly; a quoiter of an hour would have been sufficient if the fire had occurred accideot. If it did not so happ e n, h ow then not from the lamp, what are we to conclude ?—it you, however, are of opinion, that latent fire in the shavings did not cause it ; then the question is, who did it ? If it should be your opinion that the fat is sufficiently brought home to the plaintiff, then there is an end of the copse. The plaintiff's Coun sel has animadverted on the illiberality of the 01- , fice in resisting this demand ; -but I consider that Public Companies in general art "with strict justice' and liberality, and the Atlas, it) this instance, has been Most liberal, since the Directors have net availed themselves of the point of law which*. -under all the suspicious circumstances of the case; they were Warranted, in doing; but let the causo rest:on - the merits of the case. In adAition to the consideration of who may be the outlier of the 'fire, you are to consider the sums assured, and the property he really had to insure. I never knew as to the point of property a case so weak. Some of the plaintiff's witnesses speak of it, as a neat little shop. Skid More speaks boldly, and says the stock amounted to t 0001; but could,,oot Say whether the articles were gold or not ; on which point, •however; positive proof has been adduced to negative Skidatore's evidence. You have the evidence cif Morley, a clerk in a !inen draper shop, as to the value of •the stock being 2547 1 . He .says, he look the amount from forty or fitiY,, invoices. Now, w h o made out ihe,e invoices, or of whom were, the goods bought,, surely some ' should have proved;. hut not one man has been produced on the part of the plaintiff to shew that such goods were bought. You will, therefore, der' all the circumstances of the case, consider firstlt the llaintiff .-- is entitled to any things and it he is, then the question of amount is to be considered V - you, you think, however, the case is bottomed • in fraud, you will find for the defendants. The Jury, after having retired from the box a considerable time, found a verdict for the plaint iff —Damages 5561, the amount of l.is loss. POLICE. ROW-ST REET . -- ThOnlaS Prossor, the driver of 4 hackney-c oac h,- was c h arged by Thoi-uas Si:neon, a>private in the guards, with k.nocknig.him 'down, and endangering his life. It appeared that on the evening of the 4th instant, the prosecutor was on duty at Covent Garden 1:1)" atre, and was stationed at the entrance from Long" acre to Bow-street, to prevent empiy coaches (roil' - coming that way. when the prisoner- drirt;e up wi l4 his empty coach; the prosecutor endat.out-ed to prevent him by ca lli ng out and s topping the hors'9' but the prisoner paid no attention, but prove againsr him,• by which he was knocked down, and miracd7 lously escaped the horses trampling upon him, and ,the coach - going over his body. The coachman was convicted in the penalty of I OS' and 3s. costs. The driver of another hackney coach WbS charged with obstructing the road in James -street, Covent garden, and assaulting Mary Montague. It appeared that on the evening of the 4th inst , the prisoner'S coach was obit:acting the crossing James -street, when the prosecutrix wi s hiog to &nor requested him to remove his coach, which he re' fused to de: A gentleman - passing at the time, ob serving the impropriety of his conduit, drove the' horses away, so that the proseeutrix might pass; this so enraged the prisoner that he followed 11 -0 prosecutrix, and with the most unmanly and shame— ful conduit; struck her a violent blow on her right shoulder, tore a white tippet off her neck, threw ig into the mud and trampled upon it. He was con.' vioted in the penalty of i os. , and 3s. costs, which not ,being able to pay, he was committed to the Hous 3- of Correction for seven days, and a detainer for tlit, assault lodged against him. - BIRTH. On Monday last, at Loughborough, the Lady of Lieute• nant- Colonel boot, Commandant of the Loughborough ite.. gintent of Militia, of a Son. Miffiß 1 &D. Qn the Ist inst. at l'easmarsh, in Sussex, the Rev. john . Newltng, B.D. ? Canon Residentary o f Lit c hfield, to M i . „' Lettice, daughter of the Rev. J o h n L ett i ce, ChaP l3 " . to the Marquis of Douglas. in the 'On the 3d inst. by s p ec i a l li c e nse, at C ast l e Forbes, E , - County at Longford, th e se a t o f the at lof Granard, Sit chard Levinge, ha rt . o f Hi g h P ark, i n the County o f t mead], to the lion. Elizabeth Anne Parkyns, eldest daugh ter of the late, and sister to the present, Lord Rancliffe. On the Bth- inst. by spe c ial li cense , la nces Wedderbur Webster, Esq. o f Cl ap h am, Surrey; to. the Right H o n. Frances Caroline Annesley, second rtaughrer to. the Earl Ur Mountnorri, and sister to Viscount Valencia. , t On Saturday last, at Sr. Ann's, Black friars, Mr* I ' 3— o; ford, Apothecary, o f Crescent-place, New Bridge , str.e el, - Miss G reen wood, .of Hanway -street, Oxford-road, - DIED. On Wednesday. the s th i nst. su dd en l y, at ,Croorn's-hill , Greenwich, Kent Hon: Frederick W illiam4sth-year Ginkell, Earl of Athlone, Visc oun of Aglirim, and Baron of Ballymore. PRICE 0 , S ikTU lisbeti by WILLIAM ARMIGk.R South Mffiton.strecz, vct.Or SqUA4C. he Pacer, Letter; for - the Iditor Ito. (cost-paict),, must 1:q addicss,!d: Bank Stock, Navy 5 per Ceet. shut Irish 5 per Cent. 4 per Cent. 82 ;1. 3 per Cent. Red. 66 i li 3 per Cent. Cons. sh ut Bank L. Ann. 17 I ~y~y- ~.. -. .TOCKi ROILY. India Stock, India Bonus, 21.5. aos. zts. pr. Excheq. Bills, 65. 95".' pr. Omnium, Imperial 3 per Cent. Colts. for 0 pcnin,4, 67 • r